Gujarat High Court Grants Foreign Travel Permission to Man Accused in Fake Medical Practice Case
The Gujarat High Court has made a significant modification to bail conditions in a high-profile medical fraud case, allowing the accused to travel abroad for family commitments. This decision comes despite strong opposition from the prosecution, highlighting the court's consideration of personal circumstances alongside legal proceedings.
Court's Decision Amidst Serious Allegations
Justice S J Dave of the Gujarat High Court recently passed an order permitting Yogesh Patel, who faces serious charges related to alleged unregistered medical practice, to travel to Canada. The court's January 30 order modified conditions that had been imposed as part of Patel's regular bail granted in November 2022.
The original bail conditions required Patel to surrender his passport to the lower court and remain within Ahmedabad city limits until the conclusion of his trial. These restrictions have now been temporarily lifted to accommodate Patel's family obligations.
Family Reasons Behind Travel Request
Patel, through his advocate Pratik Barot, presented compelling family reasons for seeking modification of his bail conditions. The application highlighted two specific needs that required international travel.
First, Patel needs to attend a housewarming ceremony in Canada scheduled for May 2026 at his brother-in-law's residence. Second, and perhaps more significantly, he requested permission to accompany his 8-year-old nephew to Canada so the child could reunite with his parents.
The court noted that the minor child has been residing and studying with Patel for the past two years, making this journey crucial for family reunification.
Prosecution Opposition and Court's Balancing Act
Assistant Public Prosecutor Hardik Mehta strongly opposed Patel's application, arguing against relaxing bail conditions for someone facing serious criminal charges. However, the court carefully considered both sides before reaching its decision.
Justice Dave's order represents what the court described as a "partially allowed" application. While granting the travel permission, the court imposed specific conditions to ensure Patel's return and continued participation in the legal process.
Specific Conditions Imposed by the Court
The Gujarat High Court established clear parameters for Patel's foreign travel:
- The original bail condition regarding passport surrender and travel restrictions will remain in abeyance until December 31, 2026
- The trial court must immediately hand over Patel's passport to facilitate his travel
- Upon returning from his journey, Patel must surrender his passport to the trial court without delay
- Patel must provide his complete travel itinerary and Canadian contact details to the trial court before departure
Background of the Serious Medical Fraud Case
The case against Yogesh Patel stems from a July 2022 arrest following an FIR registered after joint inspections by the Medical Council of Gujarat and the state Health Department. The investigation focused on Prasiddh Hospital in Patan, a critical care facility allegedly operated by Patel under false pretenses.
Investigators discovered that Patel had been misusing an MBBS registration number belonging to another person. Furthermore, his own Medical Council Certificate registration number was allegedly fabricated, raising serious concerns about patient safety and medical ethics.
Legal Charges and Investigation Details
The District Health Officer and Taluka Health Officer conducted a thorough investigation that led to multiple serious charges against Patel. The case was registered at Patan A-Division Police Station under various sections of the Indian Penal Code and the Gujarat Medical Practitioners Act.
The charges include:
- Culpable homicide not amounting to murder (IPC Section 304)
- Multiple forgery charges (IPC Sections 465, 467, 468)
- Using forged documents as genuine (IPC Section 471)
- Acts endangering life and personal safety (IPC Section 336)
- Causing disappearance of evidence (IPC Section 201)
- Violations of the Gujarat Medical Practitioners Act concerning unregistered medical practice
This comprehensive legal framework reflects the seriousness with which authorities are treating allegations of medical impersonation and fraudulent practice.
Judicial Discretion in Bail Modifications
The Gujarat High Court's decision demonstrates how courts balance legal requirements with humanitarian considerations. While the charges against Patel are substantial, the court recognized legitimate family needs that required temporary modification of bail conditions.
This case highlights the ongoing judicial process where even individuals facing serious allegations may receive consideration for personal circumstances, provided appropriate safeguards are implemented to ensure their continued participation in legal proceedings.
The court's careful imposition of specific conditions—including the December 2026 deadline for condition reinstatement and mandatory passport surrender upon return—shows a measured approach to balancing competing interests in the justice system.
